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HomeMy WebLinkAbout20180260 Ver 2_CAMA Application_20200131NORTH CAROLINA Environmental Qualty January 31, 2020 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregq.bodnar(cDncdenr.gov SUBJECT: CAMA Major Modification Permit Application Review Applicant: City of Jacksonville Project Location: 6 locations on New River, Onslow County Proposed Project: 6 additional oyster reefs ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gre_-mg Bodnar at the address above by February 21, 2020. If you have any questions regarding the proposed project, contact Ryan Davenport (252) 808-2808 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: City of Jacksonville (New River Estuary Oyster Highway) Major Mod 2. LOCATION OF PROJECT SITE: 6 additional locations on New River, Onslow County Latitude:34°41.51N Longitude:77°22.27W .34037.52N 77020.49W 34037.12N 77023.06W 34037.25N 77022.33 W 34040.48N 77024.01 W 34043.08N 77025.51 W 3. INVESTIGATION TYPE: LAMA, D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—12/18/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 11 /15/19 Application Complete-12/16/19 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Onslow County Land Classification from LUP — Military (B) AEC(s) Involved: EW, PTA (C) Water Dependent: (yes) (D) Intended Use: Public (E) Wastewater Treatment: Existing — N/A Planned — NA (F) Type of Structures: Existing — None Planned — Oyster Reef (G) Estimated Annual Rate of Erosion: N/A Source — N/A DREDGED FILLED OTHER (A) Open Water N/A 3.11 ac N/A (D) Total Area Disturbed: 3.11 ac (E) Primary Nursery Area: No (F) Water Classification: SC -NSW (G) Shellfish Classification: Open/Closed 8. PROJECT SUMMARY: The City of Jacksonville is proposing to establish an Oyster Highway by constructing 6 additional oyster reefs in the New River. Each site would be .5 acre in size. Field Investigation Report: City of Jacksonville Page 02 9. NARRATIVE DESCRIPTION: The City of Jacksonville project is located in the Farnell Bay area of the New River. Farnell Bay is located South of Jacksonville and is surrounded by Camp Lejeune on both shorelines. There are six areas within Farnell Bay that the applicant is proposing man made oyster reefs. The six proposed sites all have water depths that are approximately -3' to -5' NWL. There is very little lunar tide in this area with most variations caused by wind tides. The Shoreline on both sides of this area are a mix of base infrastructure and wooded ranges. New River is 1 to 2 miles wide in this area. The substrate of Farnell bay is a mixture of silt and sand. The Division of Water Resources classifies this area of New River as SC -NSW waters. This is not a Primary Nursery Area. This portion of New River is closed to harvesting shellfish. There are no SAV's or significant shellfish populations in the areas to be disturbed. The parcel is classified in the Onslow County LUP as Military. 10. PROJECT DESCRIPTION: The City of Jacksonville is proposing to create an oyster highway by constructing six oyster reefs within the New River. Each reef site would be 98'X230'(22,540ft2) in area. On each reef area would be placed 720 oyster castle units and 900 oyster catcher patties. The configuration of these structures is depicted on a diagram in the application packet. The structures would extend 16" off the substrate into the water column. Each boundary area would be marked with 4"X4" wooden posts which would extend 6' above NWL. The posts would have reflective bands on all surfaces. Singe would be attached to posts identifying the oyster areas. These six additional proposed reef sites are part of an overall Oyster Highwayproject as NC DMF is simultaneously applying to add similar material to AR-398. The applicant has stated that continuing of monitoring will occur. The acting Commander of Camp Lej eune has provided a letter of support for this project. 11. ANTICIPATED IMPACTS: The proposed reef project would impact by usurpation 1359624ft2 (3.11 acres) of Public Trust bottom. Any turbidity resulting from placement of material would be temporary as the material would be placed by hand. The project should result in an overall increase in water quality and biodiversity. Hindrance to navigation could occur if reefs are not marked properly. Components of the reef framing could become dislodged or displaced by storms or wind -wave action. The reefs would also serve indirectly as living shoreline habitat. The reef sites would be accessible by shore and water to provide recreational fishing. Name: Ryan Davenport Date: 12/18/19 Morehead City ***This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management A w._..:: ..a:.... �.........a�.. c:.esa ...-.ate. -------rr---------- -----r ----- - Applicant: City of Jacksonville (Major Mod) - 20 Project Site County: Onslow Staff.- JRD District ❑Elizabeth City ❑Washington ®Morehead City ❑Wilmington Project Name: Oyster Hwy Rover File: N/A Dafe of initial application ubrnrftal (EX_.,1/8/200711/15119 Date application "received as complete" in the Field office (EX. 11812007) 12116119 Permit Authorization: ®LAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ®No Photos. Taken: Yes ® No❑ Setback Required (riparian): ❑Yes No Critical Habitat: El Yes ®No ❑Not Sure 15 foot waiver obtained. El Yes ®No Hazard Notification Returned: El Yes ®No SAV.- ❑Yes ®No ❑Not Sure Shell Bottom: ❑Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use classification come from Mitigation Required (optional): county LUP. ®Yes []No ❑Yes ®No Moratorium Conditions: El Yes []No Environmental Assessment Done: ®NA El Yes ®No ®NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) _ _-- INETLAhIDS 1t 9PACTED - - __ ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/D&F up to 1 acre; 3490 can be applied - $250 ❑ Minor Modification to a CAMA Major ® Major Modification to a CAMA Major ® IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ Ill (B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 uow: lt�j�f�Slt�31��u3:�S �� • s�WIN a • �:; �. �. ❑ Major development extension request - ❑ ll. Public or commercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or rill - $250 ❑ lll(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet,. Page 3 of 4) Applicant City of Jacksonville Date: 116120 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Fill 5 98' 230' New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Replace Maint - -._ .- -. Y El N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N New Work ❑ Maint ❑ Replace ❑ Y ❑ N revised 02/15/10 HC 06vision of Coastal Mgt. Appftaflon CoMpUter Sheet, Page 3 of 4) Applicant: City of Jacksonville Date: 116120 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp im acts FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and(or temp impact amount) Open Water Fill 3.1lac 3.11 ac Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ ..,r l-o'. dh 0.22;%73y11-0 goo NF4 APPIlCIiION for ,�° Malor D0volopmont F0 ft NOV.1 5 2019 (last revised 12/27/06) t)CM-MHD CITY North Carolina DIVISION OF COASTAL MANAGEMENT I. Primary Applicantl Landow herinformadon Business Name Project Name (if applicable) City Of Jacksonville New River Estuary Oyster Highway Applicant 1: First Name MI Last Name Ron Massey Applicant 2: First Name MI Last Name Pat Donovan -Brandenburg If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State P.O. Box 128 128 Jacksonville NC ZIP Country Phone No. FAX No. 285400001 us 910 - 938 - 6446 ext. n/a - Street Address (if different from above) City State ZIP 815 New Bridge Street Jacksonville NC 28540- Email pdonovan-Brandenburg@jacksonvilienc.gov 2. AgentlCorWactor Informadon, Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if different from above) city State ZIP Email <Form continues on back> 2,52-808-2308 ,.. 1-838-4RCOAST , Form DCM MP-1 (Page 2 of 5) APPLICATION for [RECEIVED Major Development Permit 3. Project Locadon NOV, 15 2019 County (can be multiple) Street Address State Rd. # Onslow na DGM-MM CITY na Subdivision Name City State Zip na Jacksonville NC 28540- 28547 1 Phone No. Lot No. (s) (if many, attach additional page with list) na- ext. na, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project New River Estuary New River Estuary (Farnell Bay and Morgan Bay) c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural E]Manmade E]Unknown New River Estuary e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes ®No work falls within. na 4. Site Descdpillon a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) na 6 tracts * 22,604 sqft (0.518 ac) = 135,624 sqft (3.11 ac) c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or na, I I NWL (normal water level) (If many lot sizes, please attach additional page with a list) -1.25 rn (NHW), -1.0 m (NWL) ®NHW or ®NWL e. Vegetation on tract None. We are only going to work on shallow sand/mud mix bottom f. Man-made features and uses now on tract na _g.__Ide_n-tify__and des&ibe—ttie—f�x-istihg-l6M-Ug6g- to thepropose-site. Both the eastern and western shorelines of Farnell Bay and Morgan Bay belong to the Marine Corps Base Camp Lejeune and Marine Corps Air Station New River. Witihn the New River Estuary, small personal fishing boats and duck hunting boats will sometimes pass along the shallow margins of Farnell Bay and Morgan Bay. Transiting boats use the marked channel in the deeper sections of the New River Estuary. Commercial shellfishing (largely clamming) and shrimping occur seaward of our proposed sites (i.e., Stones Bay and south). h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? Coastal sound (Attach zoning compliance certificate, if applicable) E]Yes E]No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? E]Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. E]Yes E]No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a E]Yes E]No ®NA National Register listed or eligible property? <Form continues on next page> 252-80,6-2803 1-888-4RCOAST ;. Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site?' ❑Yes ®No (ii) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. na RECEum o. Describe existing drinking water supply source. na NOV I ,1110 p. Describe existing storm water management or treatment systems. na NWINCITY 5. Acfivites-and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ®Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The New River "Oyster Highway" is creating oyster habitat stepping stones in the central portion of the New River Estuary (NRE) that will host oyster brood stock populations that will supply larvae to habitats within the central and upper portions of the NRE. We will deploy subtable substrate for oysters using a combination of (1) established oyster substrates (oyster castles), and (2) novel substrate technology developed in eastern North Carolina as the means to support oyster populations on the created stepping stone habitats. Enhanced oyster populations would provide valuable ecosystem services across the watershed and serve as destination sites for recreational fishers. With the exception of the 6 site locations, this application is identical to our 2018 submission (Permit # 67-18; which was approved without notable modification). c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. See attached detailed narrative, maps, plats, and photos. d. List all development activities you propose. , Oyster reef substrate placement (see attached narrative for further explanation). e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 135,624 sgft ®Sq.Ft or ❑ Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Na i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ®NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? [--]Yes ❑No ®NA If yes, attach a mitigation proposal. 2,5.2-603-2808 '1-383- RC -OAS Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit <Form continues on back> 6. Additionallnformation In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) (0 are always applicable to any major developm ent application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name na, although see support better from Marine Corps base Camp Lejeune Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) _k._ A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure_ of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with. evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date _10/28/19 Print Name Ron Massey Signature 'RE..�� Please indicate application attachments pertaining to your proposed project. NOV 15 2019 ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development WtMArWID ��.y�TY ❑DCM MP-4 Structures Information Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit F?E-r,E1VE[',-,,,, NOV .1 J t, � 252-80,3-2808 1-388-4RCCAST , Form DCM M<< Exc'.,�VATION and FILL (Except for b dges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization) Length 230 ft (six sites) Width 98 ft (six sites) Avg. Existing NA NA 3-5 ft Depth Final Project NA NA 3-5 ft Depth 1. EXCAVATION - 10This soon not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh d. High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: NOV 1o52019 - - c r F( 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. c. (i) Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes ❑No ❑NA ❑Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner. (ii) If yes, where? e. (i) Does the disposal area include any coastal wetlands/marsh f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), ❑Yes ❑No ❑NA or other wetlands (WL)? If any boxes are checked, provide the (ii) If yes, how much water area is affected? number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: Form P-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION ®This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. b. Length: Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ®Yes ❑No El NA b If yes, (ii) Amount of material to be placed in the water 540 oyster castle reefs across six sites (4320 individual oyster castle blocks): 540 oyster catcher reefs across site sites (5400 individual oyster catcher patties) (iii) Dimensions of fill area Six 22,604 salt tracts (iv) Purpose of fill To provide hard substrate for oysters and habitat for fishes/crustaceans (i) Will fill material be placed in coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: To provide hard substrate for oysters and habitat for fishes/crustaceans 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Oyster castle material is comprised of interlocking blocks that have Material will be deployed by hand from small boats: demonstrated an ability to stay on site (together) even in high energy intertidal settings (i.e., as living shoreline material designed to reduce wave energy and shoreline erosion). Oyster catcher material also forms interlocking units (particualrly as oysters settle and grow on this substrate), and will be further secured in place using rebar posts driven into the sediments through the "donut hole" of the patties. Sites will be monitored long-term to ensure material remains on site. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ®Yes ❑No ❑NA site? ❑Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize The boundaries (corners) of each 22,604 sqft tract will be environmental impacts. marked with 4" posts extending 6' above MHW. Each marker post will include reflectivebands (360*) and signage indicating the site as a restoration project (and shellfish research reserve). - 8- 30,: '1 a 3- E ii ;: j ary ,ncos-va-mM__ m-m n� r;av5s d; 1 2/26i06 Form DCM MP-2 (Excavation and Fill, Page 3 of 3), 10/28/2018 Date New River Estuary Oyster Highway ProjecMame City of Jacksonville (Ron Massey -Pat Donovan -Brandenburg) Applicant Name Appk:ard,S0w*m Cr--IV NOV 15 2UI9 ciry 252-808-2308 -, I rev�sed: 12/26/06' Jacksonvillq, Camp Morgan ,;,1'�;R' Lejeune Bay �» 1 Camp Y y� Lejeune A � Upper limit of Farnell `AR-398 — no pMF cultch Bay oysters, ; `a �'�•' but appropriate .'plantings Stones Camp, "r salinity` r' B Lejeune - An i � A s j current;, oyster 10 km distribution * j Jacksdhlville ;. s (� '� fir• ��•> �"._♦ .. PN * +,� Morgan Bay 7 Camp z Lejeune l 'Farnell ~w Bay 0. * ... Camp, ' Bay Lejeune i"Alt y 10 km y r ` p 1 12 «. }r • - � ' , Google Eartlr - 12 .r io 9 d 1 A Ggogle Earth S Google Erth 11 10 9 - A A A Google Earth - Googl;EarlM1 y - ] i Google Earth Latitude: N 34*41151/1 Bottom Type: Unvegetated mud/sand Longitude: W77°22'27" Potential User Conflicts: None anticipated Depth at MLW: 1.0 m Distance from Shore: 65 m Site Boundary (70 m * 30 m) RECEIVED NOV 15 2019 OCM-MHD CITY Latitude: N 34*37152" Bottom Type: Unvegetated mud/sand Longitude: W77°20'49" Potential User Conflicts: None anticipated Depth at MLW: 1.25 m Distance from Shore: 85 m Site Boundary (70 m * 30 m) RECEIVEo NOV 15 '. -' DCM-M H L} CITY Y Latitude: N 34*3711211 Bottom Type: Unvegetated mud/sand Longitude: W77°23'06" Potential User Conflicts: None anticipated Depth at MLW: 1.0 m Distance from Shore: 30 m Site Boundary (70 m * 30 m) i RECEIVED NOV 15 2019 DCM-MHD CITY Latitude: N 34°37125" Bottom Type: Unvegetated mud/sand Longitude: W77°22'33" Potential User Conflicts: None anticipated Depth at MLW: 1.25 m Distance from Shore: 55 m Site Boundary (70 m * 30 m) RECEIVED NOV 15 2019 DCM-MHD CITY Latitude: N 34*4014811 Bottom Type: Unvegetated mud/sand Longitude: W77*24'01" Potential User Conflicts: None anticipated Depth at MLW: 1.25 m Distance from Shore: 55 m Site Boundary (70 m * 30 nn) RECEIVED NOV 15 2019 0CM-f I1D CITY Latitude: N 34°43108" Bottom Type: Unvegetated mud/sand Longitude: W77°2551" Potential User Conflicts: none anticipated Depth at MLW: 1.25 m Distance from Shore: 100 m Site Boundary (70 m * 30 m) RECEIVED NOV 15 2019 IDCM-MHD CITY Plan View of Proposed Reef Complexes 30 m 0 Oyster Castle° reefs Oyster Catcher TM patty reefs 3m 2m 8m t 3 m 3m 4-1.M"00g0000g0004000000000000000 I900000*00000*00 000000000000000 00090000000000* 000000000000000 I8m 0000000*0000000 000000000000000 000000000000000 00900000*00000 • six — —0.5 acre reef development sites in Farnell Bay and Morgan Bay • 720 oyster castle° units per site; 90 oyster castle reefs per site • 900 seeded oyster catcher patties per site; 90 oyster catcher reefs per site 000000000000000 000000000000000 3m Nearshore • reefs proposed to be located in near - shore shallow water to: (1) allow shore access to the reefs for recreational fishing; and (2) avoid periodic hyoxia/anoxia events that occur in deeper waters. RECEIVED NOV 15 2019 DCM-MHD CITY Oyster Castle° Allied Concrete Charlottesville, VA www.alliedconcrete.com photos from: www.alliedconcrete.com - Manufactured concrete units (12" * 12" * 8" [L * W *H]) - Stackable and interlocking, designed to create complex, stable habitat - Suitable for oyster settlement - In use in restoration projects in AL, DE, NJ, NY, SC, and VA RECEIVED NOV 15 2019 DCM-MHD CITY Y�rl `�y t �kr via {{,sy�b1 �� �°� �'•� T�1 N�'"+iT gi � �'T�uxy; �- ipe:G.Rr� �O u Oyster Castle° Individual Reef Configuration (*90 reefs per site) (8 units per individual reef) Plan View: Note: these gaps are 1-2 in width Cross Section View: (MLW depth: 50 in [1.251 36 in (L) RECEIVED NOV 15 2!i9 DCM-MIID CITY 24 in (W) M: in (H) Oyster Catcher TM Sandbar Oyster Company Morehead City, NC http://www.sandbaroystercompany.com Photo of individual patty from Niels Lindquist - Biodegradable jute plant fiber and cement plaster units (12"*12"*411[L*W*H]) - Stackable and interlocking, designed to create complex, stable habitat - Suitable for oyster settlement - In use in restoration projects in NC ReCe►veo NOV 15 2019 bCA4-MHD Cliy Oyster Catcher" - photos from Niels Lindquist RECEIVED NOV 15 2019 DCM-MHD CITY Oyster Catcher"' Individual Reef Configuration (*90 reefs per site) Plan View: (10 patties per individual reef) Vertical post/an( Cross Section View: (MLW depth: 50 in [1.25rr Sediment Surface 2 T Ill `L' 24 in (W) 16 in (H) RECEIVED NOV 15 2019 CCM-MHD CITY New River Estuary Oyster Highway (Phase II): Oyster Reef and Fish Habitat Enhancement Pat Donovan -Brandenburg City of Jacksonville Jacksonville, NC Niels Lindquist and David "Clammerhead" Cessna Sandbar Oyster Company Morehead City, NC Joel Fodrie UNC CH Institute of Marine Science Morehead City, NC Susan Cohen UNC CH Institute for the Environment Chapel Hill, NC N 0 V 1, 5 Note, this proposed restoration effort is identical to the CAMA application we submitted and received approval for in 2018 (permit #67-18) with the following exception: the 6 restoration sites proposed in this submission within Farnell Bay and Morgan Bay, New River Estuary, North Carolina, are separate from (in addition to) the 6 restoration sites we received approval for in permit 67-18. Please refer to attached maps and plats for description of the 6 restoration sites being proposed as part of Phase II construction. Project Summary The New River Estuary (NRE) "Oyster Highway" project (Phase I constructed under permit 67- 18; Phase II being proposed here) will create oyster habitat stepping stones in the central portion of the Estuary that will support oyster populations and ultimately supply oyster larvae to suitable substrates throughout the lower, central, and upper portions of the NRE. We will create suitable habitat for oysters using a combination of (1) an established oyster substrate (Oyster Castles® produced by Allied Concrete), and (2) a novel biodegradable substrate (a modular cement - hardened plant -fiber scaffold called Oyster CatcherTm "patties") to support oyster populations on the created stepping stone reef sites. Enhanced oyster populations will provide multiple valuable ecosystem services across the watershed, particularly related to improved water quality and provision essential fish habitat. Introduction The New River Estuary (NRE), located within Onslow County, North Carolina, is a broad shallow, periodically stratified estuary, covering an area of approximately 34 square miles (Ensign et al. 2004). The NRE is in the White Oak River Basin and the entire Estuary is classified as nutrient sensitive waters by the North Carolina Division of Water Resources. Nutrient input sources include private wastewater treatment plant discharge, septic systems, stormwater runoff related to urban development, and agricultural runoff from crop or animal production that drains to the upper portions of the NRE (DENR 2007). These nutrient inputs into the NRE have caused algal blooms, increased turbidity, and contribute to bottom -water hypoxia/anoxia during summer months (Mallin and McIver 2010). Efforts by several entities have and are taking place to improve water quality and fisheries - --- ——productivity -in- the -NRE. The -City -of Jacksonville built wastewater -treatment -plant with land --- application in 1998, removing all wastewater discharges from entering Wilson Bay in the upper Estuary. Likewise, Marine Corps Base Camp Lejeune, which surrounds the majority of the NRE, built a new advanced wastewater treatment plant in 2001, further reducing inputs to the river. It is believed that these inputs contributed over time to the burial of hard substrate, and that conditions are now returning to a state conducing for oyster reef persistence throughout the NRE. The City of Jacksonville continues to implement various efforts to improve water quality throughout the NRE, including creating reef foundations and adding (transplanting) millions of oysters, mussels, and clams to Wilson Bay over the last 15 years (via the deployment of suitable substrate, i.e., cultch oyster shell, and transplanting of juvenile bivalves). This is not the only effort to recover oyster populations in the upper NRE. During 2011-2012, the North Carolina Division of Marine Fisheries (NCDMF) installed an artificial reef, AR-398, utilizing recycled concrete from the Highway 17 bridge demolition. Recruitment of oysters to the Wilson Bay reef and AR-3 have been characterized as low, apparently due to a lack of oyster larvae in the surroundl f9c, ei�s. NOV 15 2019 Indeed, prior to 2019, the closest known oyster populations to AR-398 are >6 km down Estuary at the northern end of Stones Bay. With net downstream flow characterizing the NRE, it is likely that oyster larvae from the spawning of extant oyster populations in the lower NRE do not reach AR- 398 or Wilson Bay. Thus, the "Oyster Highway" concept is being proposed to create stepping stone habitats for oyster populations in the region between AR-398/Wilson Bay and Stones Bay. The overarching goal of this project is to create oyster -appropriate habitats with small spatial gaps between them and increase connectivity of oyster populations in the lower NRE with those in the middle and upper NRE. Habitat restoration (including artificial reefs) and augmentation have become major tools in efforts to conserve coastal fishery resources (Christensen and Maclean 2011), as well as improve water quality. The constructed series of artificial reefs/oyster habitats will enhance existing efforts to improve water quality in the NRE and provide guidance on similar future efforts. This work aligns with the missions of the City of Jacksonville, the Coastal Conservation Association (CCA), as well as the North Carolina Wildlife Habitat Foundation (NCWHF). The City of Jacksonville's Council goals are to reduce organics, improve Water Quality, promote habitat restoration in the New River, and ensure the responsible stewardship of Jacksonville's environment and natural resources by protecting the New River and its tributaries. NCWHF is a 501(c3) organization with the mission to assist in the acquisition, management, and protection of wildlife habitat within the state of North Carolina and promote conservation education for the benefit of future generations. The CCA North Carolina is a community of recreational anglers and other like-minded conservationists, working to promote sound management of public trust marine and estuarine resources for the use and enjoyment of current and future generations. For the Oyster Highway project, the team will create structured habitat appropriate for oyster settlement and growth, as well as utilization by juvenile and adult fishes (Peterson et al. 2003). Specifically, we plan to create multiple small, low -relief reefs at each site from: (1) Oyster Castles® (Allied Concrete); and (2) Sandbar Oyster Company's Oyster CatcherTM Patties as the hard settlement substrate to support oyster populations on the created stepping stone reef sites. - --We-expect the -created reefs to -enhance oyster habitat connectivity -among -the lower, middle; --and-- --- upper portions of NRE, thereby improving recruitment success of oyster throughout the system. Over time, increasing oyster abundance in the mid -portion of the NRE should promote middle and upper estuary spawning and a pool of oyster larvae retained within the middle estuary that will underpin sustainable oyster populations in the region around AR-398. Enhanced oyster populations would provide valuable ecosystem services across the watershed. Monitoring of oyster recruitment and growth and fish utilization on the created stepping stone reefs over time will provide the success metrics for the blueprint guiding the de novo development of new oyster -based estuarine bottom in the NRE and similar river systems. Technical Objectives 1) Provide critically needed hard substrate presently missing from large sections of the middle NRE that would offer habitat for oysters, as well as reef -associated invertebrates and fishes; 2) Improve water quality via the establishment of sustainable oyster populations; 3) Increase fish production in the NRE by creating living habitat for juvenile and adult figh6s 1 e�, 2PD 3 NOV 15 2019 4) Increase public stewardship for a healthy NRE by providing easily accessible areas for locals to see and interact with restored habitat; and 5) Enhance ongoing efforts by the City of Jacksonville, UNC Chapel Hill, NCDMF, and USMC, CCA and NCWHF to improve water quality and enhance stocks of recreationally and commercially important fishes in the NRE. Site Selection: All six proposed stepping stone reef sites in Phase II restoration are in the mesohaline-to-polyhaline (5-30 ppt) waters of Farnell Bay and Morgan Bay, within the NRE, and are suitable for the growth and survival of oysters. Each of our sites are located along the shallow margins of Farrell Bay and Morgan Bay (1.25-1.5 in depth at mean low water [MLW]). We have avoided the deeper portions of Farnell Bay and Morgan Bay to avoid: (1) marked boating channels; and (2) areas prone to extended periods of bottom -water hypoxia/anoxia that can kill oysters. Furthermore, all of our sites are located over un-vegetated, unstructured mud/sand bottom (confirmed by NCDMF bottom mapping survey data and our repeated site visits) that is sufficiently firm to limit the sinking of reef structures in the sites' sediments. Site Description: Each of the six sites in Phase II restoration will be defined by a footprint of 70 in * 30 in (230 ft. * 98 ft.). All six sites will be characterized by the same arrangement of oyster substrates. On one half of each site, we will deploy 90 Oyster Castle® reefs. Each Oyster Castle® reef will be comprised by 8 manufactured concrete blocks (12" * 12" * 8" [L * W * H]). These blocks are produced by Allied Concrete in Charlottesville, VA (http://www.alliedconcrete.com/materials/oyster-castles/). Each of these blocks are stackable and interlocking, and are designed to create complex, stable habitat that is suitable for oyster settlement, growth, and survival. To date, Oyster Castles® have been successfully used in estuarine habitat restoration (including living shoreline applications) in Alabama, Delaware, New Jersey, New York, South Carolina, and Virginia. Each Oyster Castle® reef will include a base layer of six blocks in a 3 *2 design, capped by a second layer of two more blocks centered over the base layer. Each reef will have overall dimensions of 36" * 24" * 16". The 90 Oyster Castle® reef units in each site will have a combined footprint of 540 W (50 m2). On the other half of each site, we will deploy 90 Oyster CatcherTM reefs. Each Oyster CatcherTM reef will be comprised by 10 manufactured patties - jute plant fiber infused with cement (12" * 4" [D * H] disks). These patties are produced by Sandbar Oyster Company in Morehead City, NC (http://www.sandbaroystercompany.com). As with Oyster Castle® blocks, the patties are stackable and interlocking, and are designed to create complex, stable habitat that is suitable for oyster settlement, growth, and survival. To date, Oyster CatcherTM-based materials have been successfully used in research -scale estuarine habitat restoration (including living shoreline applications) at the UNC Institute of Marine Sciences (Bogue Sound, Carteret County), at mid - and upper -estuary sites in the Newport River (Carteret County) and at a mid -estuary site in the North River (Carteret County). Further, since 2015, Sandbar Oyster Company has used multiple different forms of Oyster CatcherTM (e.g., patties, linear rods, panels, small tuffs) to created robust oyster reefs on the company's shellfish lease in the Newport River (34' 44.557N; 76' 40.314W). This lease is on an exposed sandbar often buffeted by large wind waves and strong currents. No Oyster CatcherTM materials have washed beyond the boundaries of this lease, even afJer•H , cat]e A :.:(.n a_, V V 4 Nov 1. 6 2W9 Matthew passed directly over this site in October 2016. Each Oyster Catcher TM reef will include a base layer of four patties in a 2*2 design, capped by a second layer of four more patties also in a 2*2 design directly on top of the base layer. These eight patties will be capped by two more patties (third and fourth layer) centered over the bottom two layers. Five vertical jute/cement poles, per reef, will be driven through the center of the "donut holes" of the patties to ensure the stability of reefs on site. Each reef will have overall dimensions of 24" * 24" * 16". The 90 Oyster CatcherTM reef units within each site will have a combined footprint of 360 112 (33 m2). The vertical relief of the Oyster Castle® (16") and Oyster CatcherTM (16") reefs will be kept low since bottom water hypoxia/anoxia on the proposed sites is not anticipated to be a problem, and this will accommodate boats that may wish to access the sites. At MLW, the tops of Oyster Castle® and Oyster CatcherTM reefs will be 33-43 inches below the water surface (site dependent). In each site in Phase II restoration, both the Oyster Castle® and Oyster CatcherTM reefs will be arranged as 6 rows of 15 reefs (90 of each type, 180 total). Within each row, individual reefs will separated by 2 m, while rows will be separated by 4 m (except between the 3`d and 4s'row, which will be separated by 8 m to facilitate the movement of boats/people within the site). An 8-m gap will also divide the rows of Oyster Castle® reefs from the Oyster CatcherTM reefs. The border of each site will include a 3-m buffer around all reefs (180 total individual reefs in each site). Collectively, the six sites in Phase II restoration will comprise an area of 135,624 ft2 (12,600 m2); including the spacing/buffering between individual reefs. The footprint of the Oyster Castle® reefs will be 3,240 11:2 (301 m2), and the footprint of the Oyster CatcherTM reefs will be 2,160 to (201 m2). The substrates we are using should not entrap protected species as no large (> 2 in) gaps exist in these substrates. Furthermore, these substrates are not comprised of petroleum products (e.g., creosote or asphalt materials). Construction: Oyster Castle® and Oyster Catcher' reefs will be deployed from small skiffs or barges, loaded at Sturgeon City, Jacksonville, NC. Placing the material by hand will ensure that — no -fishes —reptiles, or -mammals -are -trapped -underneath the deployed substrates. Furthermore, —we will assign 1 person to serve as lookout during construction to alert project members if a turtle or manatee is observed in the vicinity, at which point deployment of substrate materials would be suspended until at least 30 minutes after the last sighting of the turtle or manatee. However, sighting of either manatees or turtles are exceedingly rare (i.e., essentially non-existent) in this section of the NRE. For instance, Cummings et al. (2014) reported no sightings or strandings of manatees in -or -upstream of Stones Bay during a period of 1991-2012 (and only 3 total sightings throughout the NRE — all in the lower section). Similarly, Epperly et al. (1995) reported an average of only 1 public reporting/sighting of sea turtles per year in the NRE. During 2019 construction of Phase I reefs, no protected species were reported injured or even observed in the vicinity of underway operations. Out of an abundance of caution, we will also follow protocols adopted by NCDMF in the construction of AR-398 to ensure protected species are not negatively impacted. Site Demarcation: Each site will be marked by 4" posts that delineate corner boundaries (4 posts per site). Each post will extend 6' above MLW, and will include reflective bands that canibe s€en NOV 5 M9 360" around. Each post will also include signage indicating: (1) project name; (2) funding sources; (3) prohibition of oyster (shellfish) harvest [sites will be designated as shellfish research reserves via coordination with NCDMF]; (4) project team contact information. Monitoring Plan: In the two years post -construction (and potentially longer pending funding), we will make quarterly visits to all sites to: (1) evaluate oyster density, growth, and survivorship; (2) assess fish and crustacean use of sites; (3) inspect sites for marine debris; and (4) inspect sites and surrounding bottom for displaced Oyster Castle® and Oyster Catcher TM material. Oyster sampling will follow our established quadrant -based approaches (e.g., Fodrie et al. 2014, Ziegler et al. 2017) for replicate measures of oyster populations. These approaches are only modestly invasive, requiring snorkelers to remove clumps of oysters in 0.10 m2 samples. To sample fishes and crustaceans, we will use novel Dual Frequency Identification Sonar (DIDSON) imaging technology (http://www.soundmetries.com/), which we already have experience with from other oyster reef research, including NREOH Phase I monitoring. This technology is effective in turbid or low -light environments and is commonly used to estimate fish abundance, length and biomass, as well as to characterize habitat features. Fish as small as 40 mm can readily be distinguished (Able et al. 2014). DIDSON sampling is non-destructive and does not require the placement of nets/traps that could threaten protected species. During each quarterly site visit to Phase II reefs, we will snorkel by all 180 reef structures at each site; removing any human debris such as bags, fishing gear, etc. If we notice that reef units are missing Oyster Castle® blocks or Oyster CatcherTM patties, we will conduct a 50-m search (regardless of site boundaries) to locate and reposition any displaced material. If continued monitoring funding cannot be secured for 2+ years post restoration, we will use internal resources to continue checking sites for debris and displaced material for 5 years post construction. Timeline: Fundraising efforts have been underway since early 2017, primarily via NCWHF and CCA NC, and funds are now in hand to complete the proposed restoration project. During the first six months of 2019 (January -June), we will acquire all Oyster Castle® and Oyster CatcherTM units/patties needed for this project. During June -July, 2019, we will construct the Oyster Castle® and Oyster CatcherTM reefs. Monitoring (oyster and fish counts) will continue quarterly for two -- —years,—and-subsequently,—sites-will-be- inspected _annually -for debris-removal-for-an-additional3 years to ensure that reef material remains on site. We will remove any debris we find, and return any reef material we located that has moved out of the site boundary (none anticipated based on past material performance). Success Metrics: We consider the following outcomes as indicators of success: 1) The establishment of six Oyster Highway sites (540 Oyster Castle® and 540 Oyster CatcherTM reefs) will immediately provide new structurally complex fish and crustacean habitat in the NRE. 2) Oyster densities >3 m2 on reef sites (per Powers et al. 2009). 3) The opportunity to conduct rigorous scientific assessments of how alternative substrates support oyster populations will inform future restoration efforts in the NRE and beyond. 4) The persistence/stability of oyster communities underpinned by Oyster Castle® and Oyster CatcherTM material on site, and the absence of material moving beyond our proposed site boundaries. N.1_,FJV :aD 6 NOV 15 Z019 Literature Cited Able KW, Grothues TM, Kemp IM (2013) Fine -scale distribution of pelagic fishes relative to a large urban pier. Marine Ecology Progress Series 476: 185-198. Christensen, V. and J. Maclean (eds.), 2011. Ecosystem approach to fisheries: a global perspective. Cambridge, New York: Cambridge University Press, 325 p. Cummings, EW, DA Pabst, JE Blum, SG Barco, SJ Davis, VG Thayer, N Adimey, and WA McLellan (2014) Spatial and Temporal Patterns of Habitat Use and Mortality of the Florida Manatee (Trichechus manatus latirostris) in the Mid -Atlantic States of North Carolina and Virginia from 1991 to 2012. Aquatic Mammals 40:126-138. DENR (NC Department of Environment and Natural Resources). 2007. White Oak River Basin - wide Water Quality Management Plan. North Carolina Division of Water Quality - Water Quality Section, Raleigh, NC. Ensign, S.H., J.N. Halls, and M.A. Mallin. 2004. Application of digital bathymetry data in an analysis of flushing times of two large estuaries. Computers and Geosciences 30(5): 501-511. Sheryan P. Epperly, SP, J Braun, and A Veishlow (1995) Sea Turtles in North Carolina Waters. Conservation Biology, 9:384-394. Fodrie, FJ, AB Rodriguez, CJ Baillie, MC Brodeur, SE Coleman, RK Gittman, DA Keller, MD Kenworthy, AK Poray, JT Ridge, EJ Theuerkauf, and NL Lindquist (2014) Classic paradigms in a novel environment: inserting food -web and productivity lessons from rocky shores and saltmarshes in to biogenic reef restoration. Journal of Applied Ecology 51: 1314-1325. Mallin, M.A. and M.R. McIver. 2010. New River Estuary Water Quality 2008-2009. A report to the Environmental Management Division of the U.S. Marine Corps, Camp Lejeune, North Carolina. Newell, R., T. Fisher, R. Holyoke and J. Cornwell. 2005. Pages 93-120. In: The Comparitive Roles of Suspension Feeders in Ecosystems. R. Dame and S. Olenin, eds. Vol. 47, NATO Science Series: IV — Earth and Environmental Sciences. Springer, Netherlands Peterson, C.H., Grabowski, J.H. and Powers, S.P., 2003. Estimated enhancement of fish production resulting from restoring oyster reef habitat: quantitative valuation. Marine Ecology Progress Series, 264, pp.249-264. Powers, S.P., Peterson, C.H., Grabowski, J.H. and Lenihan, H.S., 2009. Success of constructed oyster reefs in no -harvest sanctuaries: implications for restoration. Marine Ecology Progress Series, 389, pp. 159-170. Smyth, A.R., M.F. Pichler, and J.H. Grabowski. 2015. Habitat context influences nitro o.te oyb al h' by restored oyster reefs. Journal of Applied Ecology 52 (3): 716-725. F� V�_L" NOV 1, 5 Wq Ziegler, SL, FJ Fodrie, CJ Baillie, and JH Grabowski (2017) Effects of landscape setting on oyster reef structure and function persist more than a decade post restoration. Restoration Ecology DOI: 10.1111 /rec.12651. NOV 15 [ii':1 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission vir mtt for X Mai or Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 67-18 Issued to City of Jacksonville, PO Box 128, Jacksonville, NC 28540 Authorizing development in Onslow County at within Famell Bay & the New River. near Camp, Lejeune & the City of Jacksonville , as requested in the pern ittee's application dated 6/6/18, narrative dated "Received DCM-NM City 1/19/18, Incl. aft. workplan drawings (29), all dated "Received DCM MHD City 1/19/18". This permit, issued on June 29, 2018 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terns may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Oyster Reef Authorized Development 1) Unless specifically altered herein, this permit authorizes the creation of six (6) 0.5 acre oyster reef sites, located in Farrell Bay, New River, all as depicted in the attached permit application, project narrative, and workplan drawings. 2) In accordance with commitments made by the permittee, reef construction within the site shall be accomplished using prefabricated structures known as Oyster Castles and Oyster Catchers, all as depicted in the attached workplan drawings Figures 4b-d, 5b-d, 6b-d, 7b-d, 8b-d, 9b-d,10, 12,15. All materials shall be free from loose dirt or pollutants except in trace quantities. e'1 C (See attached sheets for Additional Conditions) NOV j 6 20 This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and th't qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires fim ber Division approval. Alt work must cease when the permit expires on December 31, 2021 V - Braxtod C. Davis, Director -'Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee City of Jacksonville Permit N?r-6-l8 Page 2 of4�: iVE-11' � ADDITIONAL CONDITIONS NOV .15 2019 3) No material shall be placed at any time in any waters outside of the alignment of the fia§ on the attached workplan drawings. Any expansion of the reef beyond the six (6) 0.5 acre oyster reef sites described in the application, or the use of other materials, shall require additional authorization. 4) The permittee shall install and maintain at his expense any signal lights, signals, or signage prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized oyster reef site. At a minimum shall be marked at each comer of the six (6) 0.5 acre oyster reef sites. 5) The permittee shall be required to repair, maintain and/or remove any components of the oyster reefs that are displaced from the oyster reef site boundaries as depicted in attached workplan(s). The permittee shall be responsible for removing all portions of the reef should the site be terminated or displaced beyond repair. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) In accordance with commitments made by the permittce, each of the six (6) oyster reef sites shall be located, at the time of construction, with a 50 meter buffer from all submerged aquatic vegetation. The permittee is advised that any proposed expansion of the oyster reef sites may be affected by evidence of submerged aquatic vegetation. NOTE: Future development of the permitted Oyster Reef sites or additional sites may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. USACE Conditions 7) If a federally listed species is seen within 100 yards of active daily construction operations or vessel movement, all appropriate precautions shall be implemented to ensure its protection. These precautions shall include the cessation of operation of any moving equipment within 50 feet of a listed species. Operation of any mechanical construction equipment shall cease immediately if a listed species is seen departed the project area of its own volition. 8) Reef materials shall be selected to ensure that ESA -listed species do not become entrapped in reef structures, or entangled in debris (e.g., abandoned fishing tackle, nets, and lines) that may accumulate on artificial reefs: a. Materials used for artificial reef building shall conform to the recommendations in the National Artificial Reef Plan (as Amended): Guidelines for Marine Artificial Reef Materials, Second Edition (Atlantic and Gulf States Marine Fisheries Commissions 2004). Except that derelict automobiles shall not be used and derelict vessels and military surplus shall have openings on all exposed sides adequate to prevent entrapment of ESA -listed species. Openings will be sufficient of sufficient size and quantity to allow for several points of egress for sea turtle species that may enter the structure. Any open -bottomed structure must have an opening in the top that is equal to the bottom opening or 3-ft in diameter (whichever is lesser) to allow listed species to escape. b. Military surplus and vessel structures such as ladders, rails, booms, antennas, etc. will be removed to reduce the potential accumulation of abandoned fishing tackle and lines. Clean steel, concrete bridge or large building demolition materials such as slabs or pilings may be used provided that all steel reinforcement rods are cut at the base of the concrete so no rebar or metal is protruding. City of Jacksonville Permit No. 67-18 Page3of4, ADDITIONAL CONDITIONS )VOV j 2019 9) Materials shall be of sufficient size and relative density to not move from the reef site po�k ,deployment and be clean and free from asphalt, creosote, petroleum, other hydrocarbons and toxic resi66iv1 S*,1 r free-floating material or other deleterious substances. 10) Underwater reef cleanup will be performed by NCDMF divers during annual reef site monitoring events. Cleaning reefs in low visibility/high current dive conditions may present diver safety issues with the potential of divers being entangled or snagged. Staff will make every reasonable attempt to clean reef materials of debris during regularly scheduled assessments, without compromising the safety of the crew and divers. The applicant will send confirmation of cleanup to NMFS's Southeast Regional Office (36TUtakereport.nmfsser@noaagovU367), including dates of cleanup efforts and results of the clean- up. 11) The applicant shall follow NMFS's Sea Turtle and Smalltooth Sawfish Construction Conditions in order to further reduce interaction risk, and require all construction workers watch for sturgeon and sea turtles. Operation of any mechanical construction equipment will cease immediately if a protected species is seen within a 50-ft radius of the equipment. Activities will not resume until the protected species has departed the project area of its own volition. 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at 36Thttp://www.fws-gov/nc- es/mammal/Manatee�mdelines.pdf36T. General 13) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters adjacent to the authorized work. 14) Any mitigative measures or environmental commitments specifically made by the applicant for this individual conditions of this permit. 15) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 16) The permittee shall notify the NC Division of Marine Fisheries, Marine Patrol Section, after the completion of the six (6) Oyster Reef sites so closed shellfish harvest signs can be posted. 17) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 18) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. City of Jacksonville Permit No. 67-18 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: This permit does not convey any rights, either in real estate or material. NOTE: It is recommended the permittee contact the NC DMF Fisheries Management Section to inquire if a Research Sanctuary designation would be appropriate to protect the demonstration site from shellfish harvest by the public. NOTE: The U.S. Army Corps of Engineers authorized the project byway of Programmatic General Permit 198000291(Action ID SAW-2017-02514) issued 6/28/18. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4144 and assigned the project DWR Project No. 2018-0260 issued 3/29/18. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. IRS E, 6AEIVF,..ti,) N 0 V 1 5 -i'q t;° e UNITED STATES MARINE CORPS MARINE CORPS INSTALLATIONS EAST -MARINE 'CORPS BASE PSC BOX 20005 CAMP LEJEORE NC 28542-0005 5700 G-7 DECA 1 7017 The Honorable Mayor Sammy Phillips Mayor of Jacksonville Jacksonville Onslow Chamber of Commerce 1099 Gum Branch Road Jacksonville, NC 28540 Dear Mayor Phillips:. Thank you for your letter regarding.the City of Jacksonville's Oyster Highway/New River dated 4 December 2017. Camp Lejeune applauds the City's continuing efforts to spearhead the Oyster Highway initiative. our research confirms this initiative has potential to greatly increase filtration of the New River waters. Unfortunately, Federal law prohibits us from using appropriated funds for -other than their appropriated purpose, and non -appropriated funded activities ('such as Marine Corps Community Services) must only spend their funds in support of their activities; both conditions are absent in this project. As always, we appreciate Jacksonville's cooperative approach to all issues involving or potentially effecting our Marines, -__Sailors_,their_families,and-our___civilian -workfor-ce_.— - - -_- -_- Sincere jL. SCALISE Colonel, U.S. Marine Corps Acting Commander s'0H